SOURCES OF CONFLICT OF LAWS - INTRODUCTION TO CONFLICT OF...

INTRODUCTION TO CONFLICT OF LAWS _LESSON 1THE NOTION OF PRIVATE INTERNATIONAL LAWEvery legal order in the world has its own rules relating tomatters of private law.Private law is concern with legal relationships betweenprivate entities which includes, family law (marriage, divorceguardianship relationship between parents and children,),the law of contracts (property both immovable and movable,business etc), company law. Tort and obligations.It also includes mechanisms for co-operation and exchangeof information between governments and courts in differentcountries, where these are designed to support mutualrecognition of each other's laws and judgments.Some Private International Law is made by the EU, and thisis a growing area of work. Some come from otherinternational organizations such as the Hague Conferenceand the Council of Europe.”“Private international law consists of the rules of law whichgovern legal relationships of private law nature These laws differ from country to country.People interact by way of business transactions, marriage,education,and even working abroad. This is the reasonbehind international private law.Private international law is the area of law that comes intoplay whenever a court is faced with a question that containsa foreign element, or foreign connection.A mere presence of such a foreign element in a legal matterraises a number of questions. It is the function of privateinternational law to provide an answer to those questionsand ensure just solution.

The definition of conflict of laws is explained by Lord Nicholsof Birkenhead.According to him, “Conflict of Laws jurisprudence isconcerned essentially with the just disposal ofproceedings having a foreign element.The jurisprudence is founded on the recognition that inproceedings having connections with more than one countryan issue brought before a court in one country may be moreappropriately decided by reference to the laws of anothercountry even though those laws are different from the law ofthe forum court.”NAMEThree different names are generally used interchangeably,although none of them is wholly accurate or properlydescriptive. The name of the course as “conflict of laws “may be misleadingbecause the objective of the law is to remove the conflict createdtwo or more branches of law.The name appears as if it is provoking conflict. It is a name thatwas given to it by A.V.DICEY when he published the first treatise,on the rules and its principles in 1896 and it was accepted assuch. The name is private international law which is in common use inEurope. it is concern with the relations between privateindividuals and corporation though also with the relationsbetween states and governments so far as their relationships withother entities are governed by municipal law, example is agovernment which contracts with individuals and corporations byraising a loan from them.

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